This application has been created by GYM CHESS, S.L. Unipersonal, (hereinafter GYMCHESS) for information purposes. The download, installation, access and/or use of the application implies full and unreserved acceptance of the terms and conditions described herein.

1. OWNERSHIP

1. OWNERSHIP. The owner of the application, and service provider, is the entity, GYM CHESS, S.L. Unipersonal, with CIF B-16995128 and registered office at 28 Avenida Sancho el Sabio, 20.010 Donostia (España); and email address info@gymchess.com.

2. FORMALIZATION OF THE CONTRACT

This document and any policies applicable to the use of the Platform that are incorporated by reference (collectively, the “Terms and Conditions”) constitute a legally binding contract between the User and GYMCHESS which regulates your access to and use of the Platform and the responsibilities arising from its use, as well as the contracting and provision of the Services that, if any, may be offered through the same (the “Contract”).

The User accepts that GYMCHESS may modify, suspend, or withdraw the tools, applications and functionalities of the Platform, without affecting its main functionalities. Likewise, the User declares that the formalization of the Contract is not conditioned on the delivery of any future tool, functionality or resource.

The completion and activation of the access registration form implies, for its part, the unreserved acceptance of each and every one of the rules of these Terms and Conditions and the acquisition of the consideration of “User” of the Platform. Consequently, the User must carefully read and understand the contents of these Terms and Conditions.

3. ACCESS LOG

To access the Platform, the User must register an account. The Platform is intended for adults (+18). Access to the Platform and/or Services is prohibited to minors.

The User shall provide accurate, current, and complete information during the registration process and shall keep the account information up to date at all times. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose them to any third party. You must inform GYMCHESS immediately if you become aware or have reason to suspect that your credentials have been stolen, lost, misappropriated, or otherwise threatened, or in the event of any unauthorized use or suspected unauthorized use of your account. The User shall be liable for any and all activities conducted through his or her account, unless such activities were not authorized by the User and the User has not acted negligently (as in the case of failure to report unauthorized use or loss of his or her credentials). GYMCHESS does not authorize any third party to request your credentials and the User shall not request the credentials of other third parties.

You may not assign or otherwise transfer your account to any third party.

Access to and use of certain areas or services of the Platform may be subject to separate policies, rules or guidelines, or may require the User to agree to additional terms and conditions. If there is any conflict between these Terms and the terms and conditions applicable to a specific area or features or services of the Platform, the latter terms and conditions will prevail with respect to your access to or use of that area or feature, unless otherwise stated.

4. INTELLECTUAL PROPERTY

GYMCHESS is the exclusive owner and/or has acquired the necessary licenses, permissions and authorizations with respect to all intellectual and/or industrial property rights with respect to the application. All intellectual and industrial property rights over the application and the contents of the application are reserved, being expressly prohibited to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the contents included in the application, for public or

commercial purposes, if you do not have the prior, express written permission of GYMCHESS or, where appropriate, the owner of the rights to which they correspond. Likewise, all distinctive signs, trademarks, trade names or signs of any kind contained in this website are protected by law. Consequently, it is not permitted to remove, evade or manipulate the copyright notice and any other data identifying the rights of GYMCHESS or its owners, incorporated into the contents, as well as the technical protection devices, digital fingerprints or any information and/or identification mechanisms that may be contained therein. References to names and trademarks or registered trademarks, logos or other distinctive signs, whether owned by GYMCHESS or third-party companies, imply a prohibition on their use without the prior, express written consent of GYMCHESS or their legitimate owners. Access, browsing and use of the application shall in no case be understood as a waiver, transmission, license or total or partial transfer of the aforementioned rights by GYMCHESS. Users only have the right to use the application, limited to the download and installation time, for the purposes for which the application is designed.

5. APPLICATION CONTENT AND LINKS.

GYMCHESS is not responsible for the misuse of the contents of this application; the responsibility is the sole responsibility of the person who accesses or uses them. Nor does it assume any responsibility for the information contained in the websites of third parties that can be accessed by links. The presence of these links has an informative purpose and does not constitute in any case an invitation to contract products or services that could be offered in the destination link. In the event that GYMCHESS has effective knowledge that the activity or information to which it refers from these links is illicit, constitutes a crime or may damage property or rights of third parties liable for compensation, it will act with the necessary diligence to remove or disable the corresponding link as soon as possible.

6. RULES OF CONDUCT

At all times, access, navigation and use of the Platform and, where appropriate, the use of ImuvID Services that are offered through the same is done under the sole and exclusive responsibility of the User, so it undertakes to diligently and faithfully observe any additional instructions given by GYMCHESS or by authorized personnel of GYMCHESS, regarding the use of the Platform and its Services.

Therefore, the User undertakes to use the contents, products and Services in a diligent, correct and lawful manner, in accordance with current legislation and, in particular, undertakes to refrain from:

• Usingthe Platform and its functionalities for any purpose not expressly contemplated in these Terms  and Conditions.

• Violating or circumventing any applicable laws or regulations, contracts with third parties, third party rights or the Terms and Conditions.

• Accessing and / or using the Platform for professional purposes or incorporate, as their own business activity, the Services. It is expressly prohibited the use or application of any technical, logical or technological resources by virtue of which users can benefit, directly or indirectly, for or without profit from the unauthorized exploitation of the contents and / or services of the Platform.

• Misusing or abusing the Platform or its tools, applications or functionalities.

• Using, displaying, mirroring or framing the Platform or any individual element of the Platform, the GYMCHESS name, any GYMCHESS mark, logo or other proprietary information, or the design and layout of any page or form contained on a page of the Platform, without the express written consent of GYMCHESS.

• Damaging the GYMCHESS brand in any way, including, without limitation, unauthorized use of content, registration or use of Immuvid or derivative terms in domain names, trade names, trademarks or other source identifiers, or registration or use of domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to domain names, trademarks, slogans, promotional campaigns of GYMCHESS.

• Using robots, web crawlers, web spiders, web worms, web scrapers and other automated means or processes to access, collect data and other content from, or otherwise interact with, the Platform for any purpose.

• Avoiding, circumventing, bypassing, removing, disabling, impeding, decoding or otherwise attempt to circumvent a technological measure put in place by GYMCHESS or any of GYMCHESS’ suppliers or other third parties in order to protect the Platform.

• Attempting to decrypt, decompile, disassemble or reverse engineer software used to provide the Platform.

• Taking any action that impairs or adversely affects, or may impair or adversely affect, the performance or proper functioning of the Platform.

You agree to hold GYMCHESS and any of its affiliates, subsidiaries, officers, directors, employees and agents harmless from and against any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way out of your use of the Platform, the posting or transmission of any message, content, information, software or other materials through the Platform or your violation of law or the terms and conditions contained in these Terms and Conditions.

7. TERM OF THE CONTRACT AND CANCELLATION OF SUBSCRIPTION

This Agreement shall remain in force during the contracted subscription period. The User may unsubscribe at any time and the amounts paid to date will not be refundable under any circumstances.

GYMCHESS reserves the right to deny, withdraw, suspend and/or block access to the Platform and/or any Services to those Users who breach these Terms and Conditions. To the maximum extent permitted by applicable law, GYMCHESS shall not assume any liability to the User for the cancellation of access to the platform for the causes provided in this paragraph.

Once the subscription has been cancelled, the User shall not be entitled to have his/her account   reinstated or to access any information linked to his/her account.

If your access to or use of the Platform has been limited or if your account has been suspended or we have terminated this Agreement, you may not register a new account or access or use the Platform through another user’s account.

GYMCHESS shall have no obligation to retain any account content that is subject to cancellation.

8. EXCLUSIONS OF WARRANTIES AND LIABILITY

The Platform and the Services are provided “as is” without warranty of any kind, either express or implied. Accordingly, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GYMCHESS makes

no warranties or representations as to:

• the absence of errors or that possible errors will be corrected;
• the absence of viruses and other harmful components on the Platform:
• the invulnerability of the Platform and/or the impregnability of the security measures adopted therein;
• where appropriate, the lack of usefulness or performance of the Platform Services;
• any other damage that may be caused by reasons inherent to the non-functioning or malfunctioning of the Platform or the websites to which, where appropriate, links may have been established.

To the maximum extent permitted by applicable law, GYMCHESS assumes no liability for any unavailability caused by circumstances beyond its control. Due to the nature of the Internet, GYMCHESS cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. GYMCHESS may restrict the availability of the Platform or certain areas or functions of the Platform if necessary due to capacity limits, the security or integrity of our servers, or to carry out maintenance

measures to ensure the proper or improved operation of the Platform. GYMCHESS may improve, reinforce and modify the Platform, as well as introduce new tools, applications or functionalities from time to time.

To the maximum extent permitted by applicable law, GYMCHESS will not assume any responsibility for any action or conduct of any User, including the content that they may create, store, share or disclose through this, as well as with respect to the operations that they may perform using the tools, applications and functionalities in violation of applicable law or these Terms and Conditions.

The Platform may contain links to third party resources (“Third Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. To the fullest extent permitted by applicable law, GYMCHESS is not responsible for the availability or accuracy of such Third-Party Services, or for the content, products or services available from such Third-Party Services. Links to such Third-Party Services do not constitute an endorsement by GYMCHESS of such Third-Party Services. GYMCHESS is not and shall not become a party to or a participant in any contractual relationship between Users and Third -Party Operators.

9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL GYMCHESS OR ANY OF OUR SUBSIDIARIES, AFFILIATES OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING DIRECTLY OR INDIRECTLY TO THE USE OF OR INABILITY TO USE THE PLATFORM OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO. THE TOTAL LIABILITY OF GYMCHESS, AFFILIATES, SUBSIDIARIES, BRANCHES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS TO USERS FOR ALL DAMAGES, LOSSES AND ACTIONS, FOR USE OF THE  PLATFORM SHALL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY THE USER TO GYMCHESS FOR THE USE OF THE PLATFORM OR THE PROCUREMENT OF PRODUCTS OR SERVICES THROUGH THE PLATFORM.

10.- UPDATING AND MODIFICATION.

GYMCHESS reserves the right to update, modify or delete the information contained, as well as its configuration or presentation, at any time, when necessary for legal, business and/or technological reasons.

11. SERVICE FEES

GYMCHESS may charge fees, among other things, in consideration for access to the Platform and/or use of the Services offered through the Platform (collectively, the “Service Fees”). Further information on when they apply and how they are calculated can be found on our Service Fees page.

GYMCHESS may store and continue to use your form of payment (such as a credit card) for billing purposes to avoid interruption of the Services.

Subscriptions will be automatically charged to your payment method at the beginning of each subscription period. To avoid future charges, please cancel your subscription before your renewal date.

GYMCHESS reserves the right to change the Service Fees at any time by giving notice of any such fee changes prior to their becoming effective, which shall in no event affect subscriptions in effect at the time notice of the fee change is given.

The User is responsible for paying any Service Fees owed to GYMCHESS. Non-payment will entitle GYMCHESS to terminate this Agreement and/or unilaterally suspend access to the Platform.

Except as otherwise provided in these Terms and Conditions, Service Fees paid are non-refundable.

12. INDICATIONS ON TECHNICAL ASPECTS.

To the maximum extent permitted by applicable law, GYMCHESS assumes no liability that may arise from technical problems or errors in computer services that are not attributable to it, that occur during connection to the Internet or that may be caused by third parties through unlawful interference beyond

its control. GYMCHESS does not guarantee the absence of viruses and other elements that may cause damage to computer systems, electronic documents or user files or third party sites and, therefore, is not responsible for any damages that may occur for these reasons. Nor does it assume any responsibility for possible damages that the user may suffer as a result of errors, defects or omissions in the information provided when it comes from third party sources.

13. APPLICABLE LEGISLATION

The relationship between GYMCHESS and the users of the application is  subject to Spanish law.